CONVENTION FOR CO-OPERATION IN THE PROTECTION AND DEVELOPMENT
OF THE MARINE AND COASTAL ENVIRONMENT
OF THE WEST AND CENTRAL AFRICAN REGION; and PROTOCOL (1981)
ENTRY INTO FORCE: 5 August 1984
The Contracting Parties,
Conscious of the economic, social and health value of the marine
environment and coastal areas of the West and Central African Region,
Fully aware of their responsibility to preserve their natural heritage
for the benefit and enjoyment of present and future generations,
Recognizing the threat to the marine and coastal environment, its
ecological equilibrium, resources and legitimate uses posed by pollution
and by the absence of an integration of an environmental dimension into
the development process,
Realizing fully the need for co-operation among the Contracting Parties
in order to ensure sustainable, environmentally-sound development through
a co-ordinated and comprehensive approach,
Realizing also the need for a carefully planned research, monitoring and
assessment programme in view of the scarcity of scientific information on
marine pollution in the West and Central African Region,
Noting that existing conventions concerning marine pollution do not
cover, in spite of the progress achieved, all aspects and sources of
marine pollution and do not entirely meet the special requirements of the
West and Central African Region,
Have agreed as follows:
Article 1
GEOGRAPHICAL COVERAGE
This Convention shall cover the marine environment, coastal zones and
related inland waters falling within the jurisdiction of the States of
the West and Central African Region, from Mauritania to Namibia
inclusive, which have become Contracting Parties to this Convention under
conditions set forth in article 27 and paragraph 1 of article 28
(hereinafter referred to as the Convention area).
Article 2
DEFINITIONS
For the purposes of this Convention:
1. "Pollution" means the introduction by man, directly or indirectly, of
substances or energy into the marine environment, coastal zones, and
related inland waters resulting in such deleterious effects as harm to
living resources, hazards to human health, hindrance to marine
activities, including fishing, impairment of quality for use of sea-water
and reduction of amenities.
2. "Organization" means the body designated as the secretariat of the
Convention and its related protocols according to article 16 of the
Convention.
Article 3
GENERAL PROVISIONS
1. The Contracting Parties may enter into bilateral or multilateral
agreements, including regional or subregional agreements, for the
protection of the marine and coastal environment of the West and Central
African Region, provided that such agreements are consistent with this
Convention and conform to international law. Copies of such agreements
shall be deposited with the Organization and, through the Organization,
communicated to all Contracting Parties.
2. Nothing in this Convention or related protocols shall be deemed to
affect obligations assumed by a Contracting Party under agreements
previously concluded.
3. Nothing in this Convention shall prejudice the codification and
development of the law of the sea by the United Nations Conference on the
Law of the Sea convened pursuant to resolution 2750 C (XXV) of the
General Assembly of the United Nations, nor the present or future claims
and legal views of any Contracting Party concerning the nature and extent
of its maritime jurisdiction.
Article 4
GENERAL OBLIGATIONS
1. The Contracting Parties shall, individually or jointly as the case may
be, take all appropriate measures in accordance with the provisions of
this Convention and its protocols in force to which they are parties to
prevent, reduce, combat and control pollution of the Convention area and
to ensure sound environmental management of natural resources, using for
this purpose the best practicable means at their disposal, and in
accordance with their capabilities.
2. In addition to the Protocol concerning cooperation in combating
pollution in cases of emergency opened for signature on the same date as
this Convention, the Contracting Parties shall cooperate in the
formulation and adoption of other protocols prescribing agreed measures,
procedures, and standards to prevent, reduce, combat and control
pollution from all sources or promoting environmental management in
conformity with the objectives of this Convention.
3. The Contracting Parties shall establish national laws and regulations
for the effective discharge of the obligations prescribed in this
Convention, and shall endeavour to harmonize their national policies in
this regard.
4. The Contracting Parties shall co-operate with the competent
international, regional and subregional organizations to establish and
adopt recommended practices, procedures and measures to prevent, reduce,
combat and control pollution from all sources in conformity with the
objectives of this Convention and its related protocols, and to assist
each other in fulfilling their obligations under this Convention and its
related protocols.
5. In taking measures to prevent, reduce, combat and control pollution of
the Convention area or to promote environmental management, the
Contracting Parties shall act so as not to transfer, directly or
indirectly, damage or hazards from one area to another or transform one
type of pollution into another.
Article 5
POLLUTION FROM SHIPS
The Contracting Parties shall take all appropriate measures in conformity
with international law to prevent, reduce, combat and control pollution
in the Convention area caused by normal or accidental discharges from
ships, and shall ensure the effective application in the Convention area
of the internationally recognized rules and standards relating to the
control of this type of pollution.
Article 6
POLLUTION CAUSED BY DUMPING FROM SHIPS AND AIRCRAFT
The Contracting Parties shall take all appropriate measures to prevent,
reduce, combat and control pollution in the Convention area caused by
dumping from ships and aircraft, and shall ensure the effective
application in the Convention area of the internationally recognized
rules and standards relating to the control of this type of pollution.
Article 7
POLLUTION FROM LAND-BASED SOURCES
The Contracting Parties shall take all appropriate measures to prevent,
reduce, combat and control pollution of the Convention area caused b
discharges from rivers, estuaries, coastal establishments and outfalls,
coastal dumping or emanating from any other sources on their territories.
Article 8
POLLUTION FROM ACTIVITIES RELATING TO
EXPLORATION AND EXPLOITATION OF THE SEA-BED
The Contracting Parties shall take all appropriate measures to prevent,
reduce, combat and control pollution resulting from or in connection with
activities relating to the exploration and exploitation of the sea-bed
and its subsoil subject to their jurisdiction and from artificial
islands, installations and structures under their jurisdiction.
Article 9
POLLUTION FROM OR THROUGH THE ATMOSPHERE
The Contracting Parties shall take all appropriate measures to prevent,
reduce, combat and control pollution in the Convention area resulting
from or transported through the atmosphere.
Article 10
COASTAL EROSION
The Contracting Parties shall take all appropriate measures to prevent,
reduce, combat and control coastal erosion in the Convention area
resulting from man's activities, such as land reclamation and coastal
engineering.
Article 11
SPECIALLY PROTECTED AREAS
The Contracting Parties shall, individually or jointly as the case may
be, take all appropriate measures to protect and preserve rare or fragile
ecosystems as well as the habitat of depleted, threatened or endangered
species and other marine life. To this end, the Contracting Parties shall
endeavour to establish protected areas, such as parks and reserves, and
to prohibit or control any activity likely to have adverse effects on the
species, ecosystems or biological processes in such areas.
Article 12
CO-OPERATION IN COMBATING POLLUTION IN CASES OF EMERGENCY
1. The Contracting Parties shall co-operate in taking all necessary
measures to deal with pollution emergencies in the Convention area,
whatever the cause of such emergencies, and to reduce or eliminate damage
resulting therefrom.
2. Any Contracting Party which becomes aware of a pollution emergency in
the Convention area should, without delay, notify the Organization and,
either through this Organization or directly, any other Contracting Party
likely to be affected by such emergency.
Article 13
ENVIRONMENTAL IMPACT ASSESSMENT
1. As part of their environmental management policies, the Contracting
Parties shall develop technical and other guidelines to assist the
planning of their development projects in such a way as to minimize their
harmful impact on the Convention area.
2. Each Contracting Party shall endeavour to include an assessment of the
potential environmental effects in any planning activity entailing
projects within its territory, particularly in the coastal areas that may
cause substantial pollution of, or significant and harmful changes to,
the Convention area.
3. The Contracting Parties shall, in consultation with the Organization,
develop procedures for the dissemination of information concerning the
assessment of the activities referred to in paragraph 2 of this article.
Article 14
SCIENTIFIC AND TECHNOLOGICAL CO-OPERATION
1. The Contracting Parties shall co-operate, with the assistance of
competent international and regional organizations, in the field of
scientific research, monitoring and assessment of pollution in the
Convention area, and shall exchange data and other scientific information
for the purpose of this Convention and its related protocols.
2. In addition, the Contracting Parties shall develop and co-ordinate
national research and monitoring programmes concerning all types of
pollution in the Convention area and shall establish, in co-operation
with competent international and regional organizations, a regional
network of national research centres and institutions to ensure
compatible results. The Contracting Parties shall endeavour to
participate in international arrangements for pollution research and
monitoring in areas beyond their national jurisdiction.
3. The Contracting Parties shall co-operate directly or through competent
international or regional organizations, in the development of programmes
for technical and other assistance in fields related to marine pollution
and sound environmental management of the Convention area.
Article 15
LIABILITY AND COMPENSATION
The Contracting Parties shall co-operate in the formulation and adoption
of appropriate rules and procedures for the determination of liability
and the payment of adequate and prompt compensation for damage resulting
from pollution of the Convention area.
Article 16
INSTITUTIONAL ARRANGEMENTS
1. The Contracting Parties designate the United Nations Environment
Programme as the secretariat of the Convention to carry out the following
functions:
(i) To prepare and convene the meetings of Contracting Parties and
conferences provided for in articles 17 and 18;
(ii) To transmit to the Contracting Parties notifications, reports
and other information received in accordance with articles 3,
12, and 22;
(iii) To perform the functions assigned to it by the protocols to
this Convention;
(iv) To consider enquiries by, and information from, the Contracting
Parties and to consult with them on questions relating to this
Convention and its related protocols and annexes thereto;
(v) To co-ordinate the implementation of cooperative activities
agreed upon by the meetings of Contracting Parties and
conferences provided for in article 17;
(vi) To enter into such administrative arrangements as may be
required for the effective discharge of the secretariat
functions.
2. Each Contracting Party shall designate an appropriate national
authority as responsible for the co-ordination of national efforts for
implementing this Convention and its related protocols. The appropriate
national authority shall serve as the channel of communication between
the Contracting Party and the Organization.
Article 17
MEETINGS OF THE CONTRACTING PARTIES
1. The Contracting Parties shall hold ordinary meetings once every two
years and extraordinary meetings at any other time deemed necessary, upon
the request of the Organization or at the request of any Contracting
Party, supported by at least three other Contracting Parties.
2. It shall be the function of the meetings of the Contracting Parties to
keep under review the implementation of this Convention and its related
protocols and, in particular:
(i) To consider reports submitted by the Contracting Parties under
article 22;
(ii) To adopt, review and amend as required annexes to this
Convention and to its related protocols, in accordance with the
provisions of article 20;
(iii) To make recommendations regarding the adoption of any
additional protocols or amendments to this Convention or its
related protocols in accordance with the provisions of articles
18 and 19;
(iv) To establish working groups as required to consider any matters
concerning this Convention and its related protocols and
annexes;
(v) To review the state of pollution in the Convention area;
(vi) To consider and to adopt decisions concerning co-operative
activities to be undertaken within the framework of this
Convention and its related protocols, including their financial
and institutional implications;
(vii) To consider and undertake any additional action that may be
required for the achievement of the purposes of this Convention
and its related protocols.
Article 18
ADOPTION OF ADDITIONAL PROTOCOLS
1. The Contracting Parties, at a conference of plenipotentiaries, may
adopt additional protocols to this Convention pursuant to paragraph 2 of
article 4.
2. A conference of plenipotentiaries shall be convened for the purpose of
adopting additional protocols by the Organization at the request of not
less than two thirds of the Contracting Parties.
3. Pending the entry into force of this Convention, the Organization may,
after consulting with the signatories to this Convention, convene a
conference of plenipotentiaries for the purpose of adopting additional
protocols.
Article 19
AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Contracting Party to this Convention may propose amendments to the
Convention or to any of the protocols. The texts of any such draft
amendments shall be communicated to the Contracting Parties by the
Organization six months before their submission to an ordinary meeting of
the Contracting Parties for examination.
2. Any amendment shall be adopted by a two-thirds majority of the
Contracting Parties and shall enter into force twelve months after its
approval.
Article 20
ANNEXES AND AMENDMENTS TO ANNEXES
1. Annexes to this Convention or to any of its protocols shall form an
integral part of the Convention or such protocol.
2. Except as may be otherwise provided in any protocol, the procedure
foreseen in article 19 shall apply to the adoption and entry into force
of any amendments to annexes to this Convention or to any protocol.
3. The adoption and entry into force of a new annex to this Convention or
to any protocol shall be subject to the same procedure as the adoption
and entry into force of an amendment to an annex in accordance with the
provisions of paragraph 2 of this article provided that, if any amendment
to the Convention or the protocol concerned is involved, the new annex
shall not enter into force until such time as the amendment to the
Convention or the protocol concerned enters into force.
Article 21
RULES OF PROCEDURE AND FINANCIAL RULES
1. The Contracting Parties shall adopt rules of procedure for their
meetings and conferences envisaged in articles 17 and 18 above.
2. The Contracting Parties shall adopt financial rules, prepared in
consultation with the Organization, to determine, in particular, their
financial participation.
Article 22
REPORTS
The Contracting Parties shall transmit to the Organization reports on the
measures adopted in the implementation of this Convention and of
protocols to which they are Parties, in such form and at such intervals
as the meetings of Contracting Parties may determine.
Article 23
COMPLIANCE CONTROL
The Contracting Parties undertake to co-operate in the development of
procedures enabling them to control the application of this Convention
and its related protocols.
Article 24
SETTLEMENT OF DISPUTES
1. In case of a dispute between Contracting Parties as to the
interpretation or application of this Convention or its related
protocols, they shall seek a settlement of the dispute through
negotiation or any other peaceful means of their own choice.
2. If the Parties concerned cannot settle their dispute through the means
mentioned in the preceding paragraph, the dispute shall be submitted to
arbitration under conditions to be adopted by the Contracting Parties in
an annex to this Convention.
Article 25
RELATIONSHIP BETWEEN THE CONVENTION AND ITS RELATED PROTOCOLS
1. No State may become a Contracting Party to this Convention unless it
becomes at the same time a Contracting Party to at least one protocol. No
State may become a Contracting Party to a protocol unless it is, or
becomes at the same time, a Contracting Party to this Convention.
2. Any protocol to this Convention shall be binding only on the
Contracting Parties to the protocol in question.
3. Decisions concerning any protocol pursuant to articles 17, 19 and 20
of this Convention shall be taken only by the Parties to the protocol
concerned.
Article 26
SIGNATURE
This Convention and the Protocol on Cooperation in Combating Pollution in
Cases of Emergency shall be in Abidjan from 23 March to 22 June 1981 for
signature by any coastal or island State, from Mauritania to Namibia
inclusive.
Article 27
RATIFICATION, ACCEPTANCE AND APPROVAL
This Convention and any protocol thereto shall be subject to
ratification, acceptance, or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Government of the
Ivory Coast, which will assume the functions of Depositary.
Article 28
ACCESSION
1. As from 23 June 1981, the present Convention and the Protocol
concerning Co-operation in Combating Pollution in Cases of Emergency
shall be open for accession by the States referred to in article 26.
2. After the entry into force of this Convention and any protocol
thereto, any African State not referred to in article 26 may accede to
them.
3. This Convention and any protocol thereto shall also remain open after
the entry into force for accession by any other State, subject to the
prior approval of three quarters of the States referred to in article 26
which have become Contracting Parties.
4. Instruments of accession shall be deposited with the Depositary.
Article 29
ENTRY INTO FORCE
1. This Convention and the first of its protocols shall enter into force
on the same date, in accordance with the following paragraph 2.
2. The Convention and any of its protocols shall enter into force on the
sixtieth day following the date of deposit of at least six instruments of
ratification acceptance or approval of, or accession to, such Convention
and protocol by the Parties referred to in article 26.
3. Thereafter, this Convention and any protocol thereto shall enter into
force with respect to any State referred to in article 26 on the sixtieth
day following the date of deposit of the instruments of ratification,
acceptance, approval or accession.
Article 30
WITHDRAWAL
1. At any time after five years from the date of entry into force of this
Convention, any Contracting Party may withdraw from this Convention by
giving written notification of withdrawal.
2. Except as may be otherwise provided in any protocol to this
Convention, any Contracting Party may, at any time after five years from
the date of entry into force of such protocol, withdraw from such
protocol by giving written notification of withdrawal.
3. Withdrawal shall take effect ninety days after the date on which
notification of withdrawal is received by the Depositary.
4. Any Contracting Party which withdraws from this Convention shall be
considered as also having withdrawn from any protocol to which it was a
Party.
5. Any Contracting Party which, upon its withdrawal from a protocol, is
no longer a Party to any protocol to this Convention, shall be considered
as also having withdrawn from this Convention.
Article 31
RESPONSIBILITIES OF THE DEPOSITARY
1. The Depositary shall inform the Contracting Parties, any other Party
referred to in article 26, and the Organization:
(i) Of the signature of this Convention and any protocol thereto,
and of the deposit of instruments of ratification, acceptance,
approval or accession in accordance with articles 26, 27 and
28;
(ii) Of the date on which the Convention and any protocol will come
into force in accordance with the provisions of article 29;
(iii) Of notifications of withdrawal made in accordance with article
30;
(iv) Of the amendments adopted with respect to the Convention and to
any protocol, their acceptance by the Contracting Parties and
the date of entry into force of these amendments in accordance
with the provisions of article 19;
(v) Of the adoption of new annexes and of the amendment of any
annex in accordance with article 20.
2. The original of this Convention and of any protocol thereto shall be
deposited with the Depositary, the Government of the Ivory Coast which
shall send certified copies thereof to the Contracting Parties, to the
Organization of African Unity, to the Organization, and to the Secretary-
General of the United Nations for registration and publication in
accordance with Article 102 of the United Nations Charter.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Convention.
Done at Abidjan on this twenty-third day of March one thousand nine
hundred and eighty-one in a single copy in the English, French and
Spanish languages, the three texts being equally authentic.
PROTOCOL CONCERNING CO-OPERATION
IN COMBATING POLLUTION IN CASES OF EMERGENCY (1981)
Abidjan, 23 March 1981
Article 1
For the purposes of this Protocol:
1. "Appropriate National Authority" means the authority designated by the
Government of a Contracting Party in accordance with paragraph 2 of
article 16 of the Convention for Co-operation in the Protection and
Development of the Marine and Coastal Environment of the West and Central
African Region, and responsible for:
(a) Combating and otherwise operationally responding to marine
emergencies;
(b) Receiving and co-ordinating reports of particular marine
emergencies;
(c) Co-ordinating activities relating to marine emergencies in
general within its own Government and with other Contracting Parties.
2. "Marine Emergency" means any incident, occurrence or situation,
however caused, resulting in substantial pollution or imminent threat of
substantial pollution to the marine and coastal environment by oil or
other harmful substances and includes, in particular, collisions,
strandings and other incidents involving ships, including tankers,
petroleum production blow-outs and the presence of oil or other harmful
substances arising from the failure of industrial installations.
3. "Marine Emergency Contingency Plan" means a plan, prepared on a
national, bilateral or multilateral basis, to deal with pollution and
other adverse effects on the marine and coastal environment, or the
threat thereof, resulting from accidents or other unforeseen events.
4. "Marine Emergency Response" means any activity intended to prevent,
reduce, combat and control pollution by oil or other harmful substances
or threat of such pollution resulting from marine emergencies and
includes the clean-up of oil slicks and recovery or salvage of packages,
freight containers, portable tanks, or road and rail wagons.
5. "Related Interests" means the interests of a Contracting Party
directly or indirectly affected or threatened by a marine emergency, such
as:
(a) Maritime, coastal, port or estuarine activities, including
fisheries activities;
(b) Historic and tourist attractions of the area concerned;
(c) The health and well-being of the inhabitants of the area
concerned, including the conservation of living marine resources and
wildlife and the protection of marine and coastal parks and reserves.
6. "Convention" means the Convention for Cooperation in the Protection
and Development of the Marine and Coastal Environment of the West and
Central African Region.
7. "Organization" means the organization referred to in article 16 of the
Convention as responsible for the secretariat functions of the
Convention.
Article 2
The area to which this Protocol applies (hereinafter referred to as the
"protocol area") shall be the same as the Convention area as defined in
article 1 of the Convention.
Article 3
This Protocol shall apply to actual or potential marine emergencies which
constitute a substantial pollution danger to the Protocol area and
related interests of the Contracting Parties.
Article 4
The Contracting Parties undertake to co-operate in all matters relating
to the taking of necessary and effective measures to protect their
respective coastlines and related interests from the threat and effects
of pollution resulting from marine emergencies.
Article 5
Each Contracting Party shall provide the other Contracting Parties and
the Organization with information concerning:
(a) Its appropriate national authority;
(b) Its laws, regulations and other legal instruments relating
generally to matters referred to in this Protocol, including those
concerning the organization and operation of the appropriate national
authority, to the extent that this organization and operation relates to
matters referred to in this Protocol;
(c) Its national marine emergency contingency plans.
Article 6
The Contracting Parties shall exchange, either through the Organization
or directly, information on research and development programmes,
including results concerning ways in which pollution by oil and other
harmful substances may be dealt with, and on experiences in combating
such pollution.
Article 7
1. Each Contracting Party undertakes to require masters of ships flying
its flag and pilots of aircraft registered in its territory, and persons
in charge of offshore structures operating under its jurisdiction, to
report by the most rapid and adequate channels in the circumstances, and
in accordance with the annex to this Protocol, to any Contracting Party:
(a) All accidents causing or likely to cause pollution of the sea by
oil or other harmful substances;
(b) The presence, characteristics and extent of spillages of oil or
other harmful substances observed at sea which are likely to present a
serious and imminent threat to the marine environment or to the coast or
related interests of one or more of the Contracting Parties.
2. Any Contracting Party receiving a report pursuant to paragraph 1 above
shall promptly inform the Organization and, either through the
Organization or directly, the appropriate national authority of any
Contracting Party likely to be affected by the marine emergency.
Article 8
1. Any Contracting Party requiring assistance for dealing with a marine
emergency, including the recovery or salvage of packages, freight
containers, portable tanks, or road or rail wagons, may call for
assistance from any other Contracting Party. The call for assistance
shall be made initially to other Contracting Parties whose coastlines and
related interests might be affected by the marine emergency involved. The
Contracting Parties to whom a request is made pursuant to this paragraph
undertake to use their best endeavours to render the assistance
requested.
2. The assistance referred to in paragraph 1 of this article may include:
(a) The provision and reinforcement of personnel, material, and
equipment;
(b) The provision and reinforcement of surveillance and monitoring
capacity;
(c) The provision of pollution disposal sites; or
(d) The facilitation of the transfer of personnel, equipment and
material into, out of, and through the territories of the Contracting
Parties.
3. Any Contracting Party requesting assistance pursuant to paragraph 1 of
this article shall report the results following from the request to the
other Contracting Parties and to the Organization.
4. The Contracting Parties undertake to consider as soon as possible and
in accordance with the means available to them the allocation of tasks
for responding to marine emergencies within the Protocol area.
5. Each Contracting Party undertakes to inform the other Contracting
Parties and the Organization of measures taken in dealing with marine
emergencies in cases where those other Contracting Parties are not called
upon to provide assistance.
Article 9
1. The Contracting Parties shall endeavour to maintain and promote,
either individually or through bilateral or multilateral co-operation,
marine emergency contingency plans and means for combating pollution by
oil and other harmful substances. These means shall include, in
particular, equipment, ships, aircraft and manpower prepared for
operations in cases of emergency.
2. The Contracting Parties shall co-operate in developing standing
instructions and procedures to be followed by their appropriate national
authorities who have responsibility for receiving and transmitting
reports of pollution by oil and other harmful substances made pursuant to
article 7 of this Protocol. Such co-operation shall be designed to ensure
speedy and routine reception, transmission and dissemination of these
reports.
Article 10
1. Each Contracting Party shall act in accordance with the following
principles in the conduct of marine emergency responses carried out under
its authority:
(a) Make an assessment of the nature and extent of the marine
emergency and transmit the results of the assessment to any other
Contracting Party concerned;
(b) Determine the necessary and appropriate action to be taken with
respect to the marine emergency in consultation, where appropriate, with
other Contracting Parties;
(c) Make the necessary reports and requests for assistance under
articles 7 and 8 of this Protocol; and
(d) Take appropriate and practical measures to prevent, reduce,
combat and control the effects of pollution, including surveillance and
monitoring of the marine emergency.
2. In carrying out marine emergency responses under this Protocol the
Contracting Parties shall:
(a) Act in conformity with the principles of international law and
with international conventions having applicability to marine emergency
responses; and
(b) Inform the Organization of those marine emergency responses.
Article 11
1. Ordinary meetings of the Contracting Parties to this Protocol shall be
held in conjunction with ordinary meetings of the Contracting Parties to
the Convention, held pursuant to article 17 of the Convention. The
Contracting Parties to this Protocol may also hold extraordinary
meetings, as provided in article 17 of the Convention.
2. It shall be the function of the meetings of the Contracting Parties to
this Protocol, in particular:
(a) To keep under review the implementation of this Protocol, and to
consider the efficacy of the measures adopted and the need for any other
measures, in particular in the form of annexes;
(b) To review and amend as required any annex to this Protocol;
(c) To discharge such other functions as may be appropriate for
implementation of this Protocol.
Article 12
1. The provisions of the Convention relating to any protocol shall apply
with respect to this Protocol.
2. The rules of procedure and financial rules adopted pursuant to article
21 of the Convention shall apply with respect to this Protocol, unless
the Contracting Parties to this Protocol agree otherwise.
In witness whereof the undersigned, being duly authorized by their
respective Governments, have signed this Protocol.
Done at Abidjan on this twenty-third day of March one thousand nine
hundred and eighty-one in a single copy in the English, French and
Spanish languages, the three texts being equally authentic.
Annex
GUIDELINES FOR THE REPORT TO BE MADE PURSUANT TO
ARTICLE 7 OF THE PROTOCOL
1. Each report shall, as far as possible, contain:
(a) The identification of the source of pollution (e.g. identity of
the ship), where appropriate;
(b) The geographical position, time and date of the occurrence of the
incident or of the observation;
(c) The marine meteorological conditions prevailing in the area;
(d) Where the pollution originates from a ship, relevant details
respecting the condition of the ship.
2. Each report shall also contain, whenever possible:
(a) A clear indication or description of the harmful substances
involved, including the correct technical names of such substances (trade
names should not be used in place of the correct technical names);
(b) A statement or estimate of the quantity concentration and likely
condition of harmful substances discharged or likely to be discharged
into the sea;
(c) Where relevant, a description of the packaging and identifying
marks; and
(d) The name of the consignor, consignee or producer.
3. Each report shall clearly indicate, whenever possible, whether the
harmful substance discharged or likely to be discharged is oil or a
noxious liquid, solid or gaseous substance, and whether such substance
was or is carried in bulk or contained package form, freight containers,
portable tanks, or submarine pipelines.
4. Each report shall be supplemented, as necessary, by any relevant
information requested by a recipient of the report or deemed appropriate
by the person sending the report.
5. Any of the persons referred to in article 7 of this Protocol shall:
(a) Supplement, as far as possible, the initial report, and as
necessary, with information concerning further development; and
(b) Comply as fully as possible with requests from affected Parties
for additional information.